Disposed

Sameera v. the Alangad Grama Panchayat R

Kerala HC15 Dec 2017WP(C)/9132/2016

Case brief

AI extract

What is this about?

This writ petition sought a direction to the Revenue Divisional Officer to expeditiously consider the petitioner's application for land user conversion under Clause 6 of the Kerala Land Utilisation Order, ensured a hearing, and facilitate fresh assessment if the grant is made.

What did the court decide?

Direction to the additional 4th respondent to consider the application and pass orders within six weeks after hearing the petitioner.

Sameera Vs the Alangad Grama Panchayat R — Land Acquisition | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 15TH DAY OF DECEMBER 2017/24TH AGRAHAYANA, 1939

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WP(C).No. 9132 of 2016 (N)

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PETITIONER:

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SAMEERA, AGED 44 YEARS, W/O.NASAR, POOTHAPARAMBIL HOUSE, MADATHUMPADY, PANAYIKULAM, ERNAKULAM DISTRICT.

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BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENT(S):

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1. THE ALANGAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE ALANGAD GRAMA PANCHAYAT, NEERIKOD, ALANGAD, ERNAKULAM DISTRICT, PIN - 683 511.

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2. THE SECRETARY ALANGAD GRAMA PANCHAYAT, OFFICE OF THE ALANGAD GRAMA PANCHAYAT, NEERIKOD, ALANGAD, ERNAKULAM DISTRICT - 683511.

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*ADDL. R3 IMPLEADED

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3. THE LOCAL LEVEL MONITORING COMMITTEE, CHERANALLOR GRAMA PANCHAYAT, SOUTH CHITTOR, ERNAKULAM.

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ADDL. R3 IS IMPLEADED AS PER ORDER DATED 31.05.2016 IN IA.6689/2016.

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--2--

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--2--

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WP(C).No. 9132 of 2016 (N)

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**ADDL. R4 IMPLEADED

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4. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI.

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ADDL. R4 IS IMPLEADED AS PER ORDER DATED 15.12.2017 IN IA.18837/2017.

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R1 & R2 BY ADV. SRI.DINESH MATHEW J.MURICKEN ADDL. R3 & ADDL.R4 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 9132 of 2016 (N)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT	P1:	TRUE PHOTOCOPY OF GIFT DEED NO 3453/1992 DATED 09-07-1992.
EXHIBIT	P2:	TRUE PHOTOCOPY OF SETTLEMENT DEED NO 2753/1996 DATED 23-04-1996.
EXHIBIT	P3:	TRUE PHOTOCOPY OF CERTIFICATE OF BASIC TAX DATED 14-01-2016.
EXHIBIT	P4:	TRUE PHOTOGRAPHS(4 IN NUMBERS ) SHOWING THE PRESENT NATURE OF THE PROPERTY.
EXHIBIT	P5:	TRUE PHOTOCOPY OF BUILDING PERMIT APPLICATION DATED 18-02-2016.
EXHIBIT	P6:	TRUE PHOTOCOPY OF LETTER DATED 22-02-2016 REJECTING THE BUILDING PERMIT APPLICATION.
EXHIBIT	P7:	TRUE PHOTOCOPY OF CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, ALANGAD DATED 26-02-2016.
EXHIBIT	P8:	TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR, ERNAKULAM.
EXHIBIT	P9:	TRUE PHOTOCOPY OF THE CIRCULAR DATED 22.12.2016 ISSUED BY THE GOVERNMENT.
EXHIBIT	P10:	TRUE PHOTOCOPY OF THE JUDGMENT DATED 17.12.2015 IN WPC.NO.33507/2015.
EXHIBIT	P11:	TRUE PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT PANCHAYATH DATED 30.1.2016.
EXHIBIT	P12:	TRUE PHOTOCOPY OF THE APPLICATION DATED 18.7.2017.
RESPOND	ENTS'	EXHIBITS :
EXHIBIT	R1A:	TRUE COPY OF THE CERTIFICATE ISSUED FROM THE VILLAGE OFFICE, ALANGAD DATED 20.1.2016.

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C) No.9132 of 2016

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- - - - Dated this the 15^th day of December, 2017

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JUDGMENT

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The limited prayer of the petitioner in the writ petition is for a direction to the additional 4^th respondent, before whom she has preferred Ext.P12 application under Clause 6 of the Kerala Land Utilisation Order, to consider and pass orders on the same, expeditiously, after hearing the petitioner.

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I have heard the learned counsel for the petitioner and the

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learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the additional 4^th respondent to consider Ext.P12 application submitted by the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition, along with a copy of this judgment, before the additional 4^th respondent, for further action. In the event of the additional 4^th respondent passing an order in favour of the petitioner permitting a conversion of the user of the land, the petitioner shall produce a copy of the said order before the Land Tax

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W.P.(c).No.9132 of 2016

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: 2 :

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Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

Sameera v. the Alangad Grama Panchayat R

Case brief

What is this about?

What did the court decide?

Sameera v. the Alangad Grama Panchayat R

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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